Corvino v. Schineller

• Decision Date: 08 February 2017
• Docket Number: INDEX NO. 608069/2016
• Citation: 2017 NY Slip Op 33166 (U)
• Parties: JANET CORVINO, Plaintiff, v. JOSEPH H. SCHINELLER, Defendant.
• Court: New York Supreme Court

2017 NY Slip Op 33166(U)

JANET CORVINO, Plaintiff,
v.
JOSEPH H. SCHINELLER, Defendant.

INDEX NO. 608069/2016

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU TRIAL/IAS PART 14

RECEIVED: February 17, 2017
ENTERED: February 16, 2017
February 8, 2017

NYSCEF DOC. NO. 16

SHORT FORM ORDER

PRESENT: HON. ROBERT A. BRUNO, J.S.C.

Submission Date: 01/09/17
Motion Sequence: 001

DECISION & ORDER

	Papers Numbered
Sequence #001; Notice of Motion, Affirmation & Exhibits	1
Affirmation in Opposition & Exhibits	2
Reply Affirmation	3

Upon the foregoing papers, plaintiff's motion for an Order pursuant to CPLR §3212 granting plaintiff summary judgment on the issue of liability is determined as set forth below.

This is an action to recover for personal injuries allegedly sustained as the result of a motor vehicle accident that occurred on December 9, 2015, at the intersection of Hicksville Road and North Queens Road Avenue in Massapequa, New York, between a vehicle operated by plaintiff JANET CORVINO and a vehicle operated by defendant JOSEPH H. SCHINELLER. The action was commenced on October 20, 2016, and issue was joined on December 13, 2016. Plaintiff moves for summary judgment based upon her assertion that defendant's negligence was the sole proximate cause of the accident.

In support of her motion, plaintiff submits, among other things, her own affidavit, sworn to on November 10, 2016 (Mot. Exh. C). Plaintiff avers:

* I was operating my [plaintiff's vehicle] northbound on Hicksville Road and approaching North Queens Avenue with a green traffic signal controlling traffic in the direction which I was traveling when [defendant's vehicle], while traveling southbound on Hicksville Road, suddenly,

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unexpectedly and without warning, attempted to make a left turn onto eastbound North Queens Avenue, colliding with my vehicle.

* Prior to the Defendant turning left, my vehicle was already completely in the intersection traveling straight and I had the right of way to proceed.

* The Defendant turned so suddenly, unexpectedly and without warning or signal that I was unable to avoid the collision. At no time prior to turning left did the defendant indicate his intention to do so either by blinker or signal.

* Immediately prior to the collision, I was traveling at approximately 25 to 30 miles per hour and I was completely within my lane of travel.

* At the moment of the collision, my vehicle was completely within the intersection, my headlights were properly functioning and illuminated.

Mot. Exh. C, ¶¶ 6-10, (par. num. omitted)...